Posts Categorized: Attorney Fees

Posted: March 25, 2016

Court Awards Attorneys’ Fees Based on Unaccepted CPLR 3220 Offer to Liquidate Damages

On March 9, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Saul v. Cahan, 2016 NY Slip Op. 50295(U), awarding attorneys’ fees based on an unaccepted CPLR 3220 offer to liquidate damages. In Saul, the defendant’s counsel served an offer to liquidated damages on the plaintiff’s counsel. Plaintiff did not... Read more »

Posted: December 14, 2015

Court Awards $5 Million In Attorneys’ Fees And Costs In Civil Rights Saga

“The Court assumes familiarity with the facts and procedural history of the case” Judge Joanna Seybert writes in the opening sentence of Restivo v. Nassau County, 06-CV-6720 (E.D.N.Y. Nov. 30, 2015), but it is difficult to appreciate fully the outcome – the award of $5 million in attorneys’ fees and costs to the well-known plaintiffs’... Read more »

Posted: November 30, 2015

Court Elects Lodestar Over Percentage Method In Awarding Attorneys’ Fees In FLSA Case, While Reducing Lodestar Fee To Account For Overstated Hours And Other Timekeeping Excesses

In Marshall v. Deutsche Post DHL, No. 13-CV-1471 (E.D.N.Y. Sept. 21, 2015), Judge Dearie reduced a claim for $500,000 in attorneys’ fees under the Fair Labor Standards Act, 29 U.S.C. § 216(b), to $370,236.50. The parties settled the case for $1.5 million while plaintiffs’ motion for certification as a collective action was pending. Plaintiffs’ claim... Read more »

Posted: September 16, 2015

Defendant Not “Prevailing Party” under Fee-Shifting Agreement for Claim Dismissed for Lack of Proper Service

On September 4, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in American Guard Services, Inc. v. Griffin Security Services, Inc., 2015 NY Slip Op. 31709(U), granting in part and denying in part a request for attorneys’ fees pursuant to a fee shifting agreement in the parties’ stock purchase agreement.... Read more »

Posted: July 15, 2015

Prevailing Party Not Entitled to Fees Under Contract Because Provision Awarding Costs Not Unmistakably Clear

On June 11, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Threadstone Advisors, LLC v. Success Apparel Inc., 2015 NY Slip Op. 31003(U), denying a prevailing party’s request for an award of fees. In Threadstone Advisors, the plaintiff, which prevailed on summary judgment, sought an award of attorneys’ fees... Read more »

Posted: May 31, 2015

Court Awards Attorneys’ Fees on Fraudulent Conveyance Claim

On May 21, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Ohana v. Levy, 2015 NY Slip Op. 30877(U), awarding attorneys fees on a claim for fraudulent conveyance. In Ohana, the plaintiffs brought a fraudulent conveyance action against both the defendant in an earlier action against whom the plaintiffs had... Read more »

Posted: May 14, 2015

Award of Fees Under CPLR 3220 Available Even if Action is Disposed of on a Motion to Dismiss

On May 1, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Saul v. Cahan, 2015 NY Slip Op. 30710(U), holding that a defendant who made a conditional offer to liquidate damages under CPLR 3220, prior to the dismissal of the complaint, was entitled to an award of attorneys’ fees, notwithstanding... Read more »

Posted: April 17, 2015

Settlement Signed By Counsel Binding On Client

In Gordon v. The City of New York, 09 CV 04577 (E.D.N.Y. Mar. 31, 2015), Judge Edward R. Korman granted defendants’ motion to enforce a settlement agreement signed by plaintiff’s counsel but which plaintiff refused to sign. Judge Korman found that plaintiff was bound by the settlement agreement notwithstanding her change of heart after the... Read more »

Posted: March 4, 2015

Court awards post-judgment interest in fee dispute

In Shukla v. Sharma, 07 CV 2972 (E.D.N.Y. Dec. 24, 2014), Chief Judge Carol Bagley Amon addressed some thorny issues related to when, and at what rate, post-judgment interest accrues in a case with an intervening appeal to the Second Circuit. In Shukla, the underlying action involved allegations that the plaintiff was “trafficked” to the... Read more »